Petitioner challenged mobile tower construction lacking site approval under Kerala Municipal Building Rules. Court held petitioner is permitted to approach the District Telecom Committee for redressal of grievances.
Writ petition closed; permission to approach District Telecom Committee for redressal of grievances.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937
WP(C).No. 1435 of 2010 (D)
PETITIONER(S):
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T.P.MUHAMMED, S/O. KUNJIMOIDU, THARAMAPARAMBIL HOUSE, 4, VARAMBANALA, VALAVANNUR PANCHAYAT, MALAPPURAM DISTRICT.
BY ADV. SRI.P.CHANDRASEKHAR.
RESPONDENT(S):
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1. VALAVANNUR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, VALAVANNUR P.O., MALAPPURAM DISTRICT.
2. THE SECRETARY,
VALAVANNUR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY,
VALAVANNUR.P.O., MALAPPURAM DISTRICT.
3. PREMAKRISHNAN NAIR, INDUS TOWERS LTD., VII/588, 2ND FLOOR, S L AVENUE, NH BYE PASS, 47, KUNDANNUR, MARAD P.O., KOCHI-682 304.
R3 BY ADV. SRI.P.SATHISAN &
R1,2 BY ADV. SRI.K.ANAND.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rvs.
WP(C).No. 1435 of 2010 (D)
APPENDIX
PETITIONER(S)' EXHIBITS :
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| EXT. P1 : | TRUE COPY OF IDEN BY THE ELECTORAL COMMISSION OF INDI |
TITY CARD ISSUED TO THE PETITIONER REGISTRATION OFFICER, ELECTION A. |
|---|---|---|
| EXT. P2 : | TRUE COPY OF THE WITH ENCLOSURES S THE 1ST RESPONDENT |
APPLICATION DATED 05/02/2009 ALONG UBMITTED BY THE 3RD RESPONDENT TO . |
| EXT. P3 : | TRUE COPY OF THE ISSUED BY THE 2ND |
BUILDING PERMIT DATED 22/05/2009 RESPONDENT TO THE 3RD RESPONDENT. |
| EXT. P4 : | TRUE COPY OF THE TELECOMMUNICATION SOUGHT TO BE ERECT |
LOCAL PLAN OF THE AREA WHERE THE TOWER OF THE 3RD RESPONDENT IS ED. |
| EXT. P5 : | TRUE COPY OF THE TELECOMMUNICATION NEARBY HOUSES AND |
PHOTOGRAPHS SHOWING THE SITE FOR TOWER OF THE 3RD RESPONDENT AND THE INSTITUTIONS. |
| EXT. P6 : | TRUE COPY OF THE WP(C)32570/2011. |
INTERIM ORDER DATED 13/01/2012 IN |
| EXT. P7 : | TRUE COPY OF THE I WP(C)32570/2011. |
NTERIM ORDERE DATED 30/01/20102 IN |
| EXT. P8 : | TRUE COPY OF T PANCHAYATH TO THE |
HE COMMUNICATION ISSUED BY THE PETITIONER DATED 03/02/2012. |
| RESPONDENT(S)' -------------- |
EXHIBITS : -------- |
|
| EXT. R3(A) : | TRUE COPY OF THE COPY OF THE RELEVA |
CENTRAL GOVERNMENT LICENSE AND A NT EXTRACT. |
| EXT. R3(B) : | TRUE COPY OF THE DATED 10/12/2009. |
JUDGMENT IN WP(C) NO.34004/2009 |
| EXT. R3(C) : | TRUE COPY OF THE | BUILDING PERMIT DATED 22/05/2009. |
| EXT. R3(D) : | TRUE COPY OF THE AUTHORITY TO ONE O |
EQUIPMENT STANDARDS SPECIFIED BY F THE SERVICE PROVIDERS. |
/TRUE COPY/
P.A.TO JUDGE
RVS.
A.V.RAMAKRISHNA PILLAI, J
WPC No.1435 of 2010
Dated this the 2nd day of June, 2015
JUDGMENT
Aggrieved by the construction of mobile tower by the third respondent as per Ext.P3, the petitioner has come up before this Court.
WPC No.1435/2010 2
Municipal Building Rules, 1999. No site approval was applied for by the third respondent nor any site approval was granted as required under Rule 140A of the Rules. The area where the telecommunication tower is sought to be erected by the third respondent is a thickly populated area where there are number of houses. The Panchayat has a duty to ensure that the health of the local residents are not affected and that no nuisance is caused by the Telecommunication tower of the third respondent. It is with this background, the petitioner has come up before this Court.
I have heard the learned counsel for the petitioner and the learned counsel for the third respondent.
The learned counsel for the third respondent inviting my attention to G.O.M.S.No.31/2014/ITD dated 5.11.2014 stated that the authority as per the said Government order to consider the said issue is the District Telecom Committee headed by the District Committee.
Therefore, this writ petition is closed permitting the petitioner as well as the third respondent to approach the
WPC No.1435/2010 3
District Telecom Committee for their redressel of their
grievance.
sd/- A.V.RAMAKRISHNA PILLAI JUDGE
css/ true copy
P.S.TO JUDGE
3 issues framed by the court
Whether the writ petitioner can approach the District Telecom Committee for redressal of grievances regarding the construction of a mobile tower without site approval.
Whether the Panchayat violated Chapter XIX of the Kerala Municipal Building Rules by granting a building permit without enquiry or inspection.
Whether the mobile tower construction caused nuisance to residents in a thickly populated area.
2 provisions across 1 enactments
T.P. MUHAMMED
VALAVANNUR GRAMA PANCHAYAT
PREMAKRISHNAN NAIR
A.V. RAMAKRISHNA PILLAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
